RAJATHI AND OTHERS Vs. G NAGAMANI AND OTHERS

JUDGEMENT

(1.) The short facts of the case are as follows:-

(2.) The Insurance Company had filed a counter statement and resisted the claim. The respondent denied the occurrence of the said accident and denied that the driver of the van had committed the accident. Actually, the driver of the Maruthi Car bearing registration No.TN-30P-7305 had driven it in a rash and negligent manner and as such the car had capsized. The respondent also denied the averments regarding age, income and occupation of deceased. In the said case, the Maruthi Car's owner and insurer are necessary parties, but they have not been impleaded as necessary parties.

(3.) After recording averments of both sides, the Tribunal had framed necessary issues. On the side of the claimant, one witness was examined and nine documents were marked. On the side of the respondent, one witness was examined and one document was marked. After recording evidence of the witnesses on both sides, and after perusing the exhibits marked by both sides, the Tribunal had fastened 75% negligence on the part of the driver of Maruthi Car and as such the Tribunal had awarded a sum of Rs.2,89,125/- as compensation, with interest at the rate of 7.5% per annum. Not being satisfied with the quantum of compensation, the claimants have filed the above appeal and seeking additional compensation of a sum of Rs.2,10,875/- with interest.